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Raymundo Martinez v. A. Hedgephed

October 15, 2012

RAYMUNDO MARTINEZ, PETITIONER,
v.
A. HEDGEPHED, WARDEN,
RESPONDENT.



The opinion of the court was delivered by: John E. Mcdermott United States Magistrate Judge

MEMORANDUM OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS PETITION PROCEEDINGS

On May 2, 2012, Raymundo Martinez ("Petitioner") filed a Petition for Writ of Habeas Corpus By a Person in State Custody ("Petition") pursuant to 28 U.S.C. § 2254.*fn1 On June 26, 2012, Respondent filed a Motion to Dismiss this action as untimely. Petitioner did not file an Opposition. The matter is now ready for decision.

BACKGROUND

Petitioner was convicted by a jury in Los Angeles County Superior Court case number BA201733 of two counts of second degree robbery (Cal. Penal Code § 211; counts 1-2). The jury found true the allegation that a principal used a firearm during the commission of the offenses (Cal. Penal Code § 12022(a)(1)), and the court, following Petitioner's admissions, found true the allegations that Petitioner suffered a prior serious or violent felony conviction within the meaning of California's Three Strikes Law (Cal. Penal Code §§ 667(b)-(i), 1170.12(a)-(d)), and suffered a prior serious felony conviction within the meaning of Cal. Penal Code § 667(a). On October 17, 2000, the trial court sentenced Petitioner to sixteen years in state prison. (Respondent's Lodged Document ("LD") 1.)

Petitioner appealed, and the California Court of Appeal affirmed his conviction on August 17, 2001, but remanded the matter for a new trial on the prior conviction allegations and for resentencing. (LD 2.)

On January 24, 2002, following a court trial on the prior conviction allegations, the trial court found true the prior conviction allegations and resentenced Petitioner to sixteen years in state prison. (LD 3; LD 4.)

On June 25, 2009, Petitioner filed a "Motion for Modification of Sentence" in the Los Angeles County Superior Court. (LD 5.) The court construed the motion as a habeas petition and denied it on several procedural grounds, including untimeliness, on July 23, 2009. (LD 6.)

On August 17, 2009, Petitioner filed a "Motion for Reconsideration" of his habeas petition in the Superior Court (LD 7), which was construed as a second habeas petition and denied on August 19, 2009. (LD 8.)

On October 5, 2009, Petitioner filed a habeas petition in the California Court of Appeal, which was denied on February 5, 2010. (LD 9.)

On April 19, 2010, Petitioner filed a third habeas petition, and on April 23, 2010, filed a fourth habeas petition in the Superior Court. (LD 10.) The Superior Court denied both petitions on May 7, 2010. (LD 11.)

On June 1, 2010, Petitioner filed a fifth habeas corpus petition in the Superior Court, entitled "Motion for Reconsideration of Habeas Corpus" (LD 12), which was denied on June 14, 2010. (LD 13.)

On July 6, 2010, Petitioner filed a second habeas petition in the California Court of Appeal (LD 14), which was denied on August 4, 2010. (LD 15.)

On October 22, 2010, Petitioner filed a habeas petition in the California Supreme Court (LD 16), which was ...


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